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- Detention of persons--United States (2)
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Articles 1 - 6 of 6
Full-Text Articles in Law
The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.
The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.
Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
After Guantanamo: War, Crime, And Detention, Madeline Morris, Frances A. Eberhard, Michael A. Watsula
After Guantanamo: War, Crime, And Detention, Madeline Morris, Frances A. Eberhard, Michael A. Watsula
Faculty Scholarship
Neither the law of war nor the criminal law, alone or in combination, provides an adequate legal structure for responding to the most serious threats posed by Al Qaeda and similar groups. After identifying the limits of the criminal law and the law of war for these purposes, this article outlines a comprehensive proposal for counterterrorism prosecution and detention policy. Appended to the article is the draft Counterterrorism Detention, Treatment and Release Act. The legislation proposed: 1) defines the category of persons to be subject to detention; 2) delineates procedures for identifying individuals falling within that category; 3) provides a …
The United States, Israel, And Unlawful Combatants, Curtis A. Bradley
The United States, Israel, And Unlawful Combatants, Curtis A. Bradley
Faculty Scholarship
This essay considers how members of a terrorist organization should be categorized under international law when the organization is engaged in an armed conflict with a nation. The proper categorization can have significant implications for the nation’s authority under both international and domestic law to subject members of a terrorist organization to military targeting and detention. As a result of judicial decisions, Israel ostensibly follows a two category approach, pursuant to which anyone who is not a lawful combatant, including a member of a terrorist organization, is a civilian. The United States, by contrast, currently follows a three category approach, …
Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr.
Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman
Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman
Faculty Scholarship
President Obama has announced that the detention facility at Guantánamo Bay will be closed by January 22, 2010. He has also said that at least some of the detainees facing criminal prosecution will be tried in military commissions. The system of military commissions established by President Bush after the 9/11 attacks, as well as the one which Congress enacted in 2006 following the Supreme Court’s Hamdan decision, were widely criticized as being unproductive and not meeting international legal standards. The Congress has, very recently, revised the rules and procedures for military commissions to make them fair, effective and much more …